Prenup · before marriage
A premarital or prenuptial agreement is signed before the wedding. In Florida, for example, it takes effect upon marriage.
Legal guide · United States
A plain-language guide to the purposes of marital agreements, commonly discussed terms, and important legal limits in the United States.
A premarital or prenuptial agreement is signed before the wedding. In Florida, for example, it takes effect upon marriage.
A postnuptial or marital agreement is made by spouses. New York, for example, permits agreements made before or during marriage. Formalities and enforcement rules can differ from prenups and across states.
One agreement can serve several purposes. These are conversation starters, not separate legal classifications.
Clarify what remains separate, how shared purchases are treated, and responsibility for particular obligations.
Address an existing business, ownership interests, growth in value, and income during marriage.
Discuss financial security if a partner reduces paid work for the home or children—for example, savings, property, or possible spousal support.
Coordinate the interests of spouses and children from earlier relationships with a will, trust, or life insurance.
Circumstances may change after the wedding: a business, inheritance, child, income shift, or new division of roles. Spouses may want to revisit property and support expectations. A postnup does not automatically “fix” an older agreement; it must satisfy applicable law.
Our sample shows how a couple might write down expectations about housing, a family budget, and financial security. It does not automatically create an enforceable prenup or postnup.
First, compare expectations and note where you agree or differ. If you want a legally effective agreement, take those notes to separate attorneys in the relevant state.
Start a conversationExamples of state law and court guidance—not a survey of all 50 states.